California Enacts Phase-In Overtime Law for Agricultural Workers

California has enacted ​legislation to extend the payment of overtime compensation to agricultural employees on a phased-in implementation schedule.

Overtime for Agricultural Workers

Highlights of the new law include the following:

Beginning January 1, 2019, any person employed in an agricultural occupation must not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee's regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. This requirement will apply to an employer who employs 25 or fewer employees commencing January 1, 2022.

Beginning January 1, 2020, any person employed in an agricultural occupation must not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee's regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. This requirement will apply to an employer who employs 25 or fewer employees commencing January 1, 2023.

Beginning January 1, 2021, any person employed in an agricultural occupation must not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee's regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. This requirement will apply to an employer who employs 25 or fewer employees commencing January 1, 2024.

Beginning January 1, 2022, any person employed in an agricultural occupation must not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee's regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. This requirement will apply to an employer who employs 25 or fewer employees commencing January 1, 2025.

Also beginning January 1, 2022, any work performed by a person employed in an agricultural occupation in excess of 12 hours in one day must be compensated for such excess work at the rate of no less than twice the employee's regular rate of pay. This requirement will apply to an employer who employs 25 or fewer employees commencing January 1, 2025.

The law also requires the Department of Industrial Relations to update Industrial Welfare Commission Wage Order No. 14-2001 (Regulating Wages, Hours and Working Conditions in the Agricultural Occupations) to be consistent with the law, except that any existing provision in the wage order providing greater protections or benefits to agricultural employees will continue in full force and effect, notwithstanding any provision of the law.